South Carolina General Assembly
121st Session, 2015-2016
Journal of the Senate

Tuesday, January 26, 2016
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Yet again do we find a word for us from the prophet Isaiah, as he wrote: "They did not thirst when he led them through the deserts; he made water flow for them from the rock; he split the rock and water gushed out." (Isaiah 48:21)

Join me as we bow in prayer, please:

We do remember, O God, how the thirsting Israelites in the Sinai desert were once granted Your miraculous gift of water. As we reflect upon our wondrous resources here in South Carolina, we cannot ignore the gift of water we find upon our marvelous seashores, within our lakes and rivers, water that sustains life and that blesses us in glorious fashion. May these Senators always do everything they can, dear Lord, to enhance and preserve our wonderful resource of plentiful water and the economic benefits water-related activities grant to us here in this State. Help us always to use this resource wisely and well. In Your loving name we pray, dear Lord. Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Nikki Randhawa Haley:

Statewide Appointment

Reappointment, Director of Department of Public Safety, with the term to commence February 1, 2016, and to expire February 1, 2020
Leroy Smith, 1308 Ashland Dr., Columbia, SC 29229

S. 1012 (Word version) -- Senators Grooms and Fair: A SENATE RESOLUTION TO DESIGNATE THE WEEK OF JANUARY 24 THROUGH JANUARY 30, 2016, AS "NATIONAL SCHOOL CHOICE WEEK IN SOUTH CAROLINA" AND TO CONGRATULATE STUDENTS, PARENTS, TEACHERS, AND SCHOOL LEADERS FROM K-12 EDUCATIONAL ENVIRONMENTS OF ALL VARIETIES FOR THEIR PERSISTENCE, ACHIEVEMENTS, DEDICATION, AND CONTRIBUTIONS TO THEIR COMMUNITIES IN SOUTH CAROLINA.

Senator BRYANT asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

The Resolution was recalled from the Committee on Education.

Senator BRYANT asked unanimous consent to make a motion to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.

On motion of Senator BRYANT, the Resolution was adopted and ordered sent to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1021 (Word version) -- Senator Scott: A CONCURRENT RESOLUTION TO RECOGNIZE JAMES E. GRAY FOR EXTRAORDINARY DEDICATION TO HIS COMMUNITY AND TO THE BUILDING OF KILLIAN PARK IN RICHLAND COUNTY.
l:\council\bills\gm\24526vr16.docx

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1022 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-2110 SO AS TO ENACT THE "SAFE HARBOR FOR EXPLOITED MINORS ACT", TO PROVIDE FOR PROTECTION OF THE IDENTITY OF MINOR VICTIMS OF TRAFFICKING IN PERSONS AND PROVIDE CERTAIN PROTECTIONS TO MINORS CHARGED WITH CERTAIN CRIMES INVOLVING PROSTITUTION AND COERCED INVOLVEMENT IN SUCH CRIMES, AMONG OTHER THINGS.
l:\council\bills\dka\3154sa16.docx

Read the first time and referred to the Committee on Judiciary.

S. 1023 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 23-31-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ALLOWED TO CARRY A CONCEALABLE WEAPON WHILE ON DUTY, SO AS TO INCLUDE PERSONS WHO ARE RETIRED FROM CERTAIN OFFICES IN THE PURVIEW OF THE STATUTE.
l:\council\bills\ms\7206ahb16.docx

Read the first time and referred to the Committee on Judiciary.

S. 1024 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY AND THE STATE OF SOUTH CAROLINA FOR ORGAN, EYE, AND TISSUE DONATION AND TO DESIGNATE WEDNESDAY, APRIL 6, 2016, AS "ORGAN DONOR REGISTRATION DAY" IN SOUTH CAROLINA.
l:\council\bills\gm\24544vr16.docx

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

S. 1025 (Word version) -- Senator Williams: A SENATE RESOLUTION TO CONGRATULATE MRS. FLORIA EADDY UPON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON FEBRUARY 14, 2016, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
l:\s-res\kmw\005flor.kmm.kmw.docx

H. 4705 (Word version) -- Rep. Long: A BILL TO AMEND SECTION 7-7-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

Read the first time and referred to the Committee on Judiciary.

REPORT OF STANDING COMMITTEE

Senator CLEARY from the Committee on Invitations polled out S. 914 favorable:

S. 914 (Word version) -- Senator L. Martin: A CONCURRENT RESOLUTION DESIGNATING JANUARY 30, 2016, AS "FRED KOREMATSU DAY" IN SOUTH CAROLINA AND TO RECOGNIZE THE LIFE AND WORK OF FRED KOREMATSU.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

CARRIED OVER

H. 3145 (Word version) -- Reps. Sandifer, Lucas, Thayer, Yow, Long, G.R. Smith, Hixon, Henderson, G.M. Smith, Sottile, Forrester, Felder, Atwater, Toole, Huggins, Pope, Simrill, Bales, Anderson, Gilliard and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-700 SO AS TO PROVIDE CIRCUMSTANCES IN WHICH A PERSON IS IMMUNE FROM CIVIL LIABILITY FOR DAMAGE RESULTING FROM HIS FORCIBLE ENTRY INTO A MOTOR VEHICLE TO REMOVE A CHILD WHO HE REASONABLY BELIEVES IS IN IMMINENT DANGER OF SUFFERING HARM IF NOT REMOVED, AMONG OTHER THINGS, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT AFFECT CERTAIN OTHER CIVIL LIABILITY.

On motion of Senator HUTTO, the Bill was carried over.

AMENDED, CARRIED OVER

H. 3874 (Word version) -- Reps. Mitchell, Cobb-Hunter, Merrill, Loftis, Dillard and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3770 SO AS TO PROVIDE FOR AN INCOME TAX CREDIT TO AN INDIVIDUAL OR BUSINESS THAT CONSTRUCTS, PURCHASES, OR LEASES RENEWABLE ENERGY PROPERTY AND PLACES IT IN SERVICE IN THIS STATE, AND TO PROVIDE A DEFINITION OF "RENEWABLE ENERGY PROPERTY".

The Senate proceeded to a consideration of the Bill.

Senators COLEMAN, CROMER, CAMPBELL, CLEARY, JOHN MATTHEWS, NICHOLSON, HAYES, SETZLER and SCOTT proposed the following amendment (3874R003.DR.CC), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

"Section 12-6-3770. (A) A taxpayer who constructs, purchases, or leases solar energy property located on the Environmental Protection Agency's National Priority List, National Priority List Equivalent Sites, or on a list of related removal actions, as certified by the Department of Health and Environmental Control, located in the State of South Carolina and places it in service in this State during the taxable year, is allowed an income tax credit equal to twenty-five percent of the cost, including the cost of installation, of the property. The credit is earned in the year in which the solar energy property is placed in service, but must be taken in five equal annual installments, beginning in the year in which the solar energy property is placed in service. Unused credit may be carried forward for five taxable years from the year in which the credit was able to be taken. A lessor shall give a taxpayer who leases solar energy property from him a statement that describes the solar energy property and states the cost of the property upon request. A credit is not allowed pursuant to this section to the extent the cost of the solar energy property is provided by public funds. For purposes of this section, 'public funds' does not include grants made pursuant to Section 1603 of the American Recovery and Reinvestment Tax Act of 2009.

(B) If the solar energy property with respect to which the credit was claimed is disposed of, taken out of service, or moved out of the State in a year in which the installment of a credit accrues, then the credit expires and the taxpayer may not take any remaining installments of the credit.

(C) A credit for each installation of solar energy property placed in service may not exceed two million five hundred thousand dollars. The credit is allowed on a first come first serve basis, and the total amount of credits available to be taken, pursuant to the five equal annual installments, for all taxpayers in a taxable year may not exceed two million five hundred thousand dollars in the aggregate.

(D) A taxpayer who claims any other credit allowed with respect to solar energy property may not take the credit allowed in this section with respect to the same property. A taxpayer may not take the credit allowed in this section for solar energy property the taxpayer leases from another unless the taxpayer obtains the lessor's written certification that the lessor will not claim a credit pursuant to this section with respect to the property.

(E) The Department of Revenue may promulgate regulations necessary to implement the provisions of this section.

(F) For purposes of this section, 'solar energy property' means any nonresidential solar energy equipment with a nameplate capacity of at least two thousand kilowatts (2,000 kw AC) that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalination, detoxification, or the production of industrial or commercial process heat. The term also includes related devices necessary for collecting, storing, exchanging, conditioning, or converting solar energy to other useful forms of energy."

B. This section takes effect in income tax years beginning after 2015. The provisions of this act are repealed on December 31, 2016, except that if the credit allowed by Section 12-6-3770, as added by this act, is earned before the repeal, the provisions of Section 12-6-3770 continue to apply until the credits have been fully claimed.

SECTION 2. A. Section 12-6-3587 of the 1976 Code is amended to read:

"Section 12-6-3587. (A) There is allowed as a tax credit against the income tax liability of a taxpayer imposed by this chapter an amount equal to twenty-five percent of the costs incurred by the taxpayer in the purchase and installation of a solar energy system,or small hydropower system, or geothermal machinery and equipment or real property for heating water, space heating, air cooling, energy-efficient daylighting, heat reclamation, energy-efficient demand response, or the generation of electricity in or on a facility in South Carolina and owned by the taxpayer. The tax credit allowed by this section must not be claimed before the completion of the installation. The amount of the credit in any year may not exceed three thousand five hundred dollars for each facility or fifty percent of the taxpayer's tax liability for that taxable year, whichever is less. If the amount of the credit exceeds three thousand five hundred dollars for each facility, the taxpayer may carry forward the excess for up to ten years.

(B) 'System' includes all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the solar energy system. The term 'system' does not include any land or structural elements of the building such as walls and roofs or other equipment ordinarily contained in the structure. A credit may not be allowed for a solar system unless the system is certified for performance by the nonprofit Solar Rating and Certification Corporation or a comparable entity endorsed by the State Energy Office.

(C) For purposes of this section, 'small hydropower system' means new generation capacity on a nonimpoundment or on an existing impoundment that:

There being no further amendments, on motion of Senator SHANE MARTIN, the Bill was carried over.

CARRIED OVER

S. 139 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 48-39-130 OF THE 1976 CODE, RELATING TO PERMITS REQUIRED FOR COASTAL ZONE CRITICAL AREAS, TO ALLOW FOR CERTAIN ADDITIONAL TECHNOLOGIES, METHODOLOGIES, OR STRUCTURES WITH REGARD TO PROTECTING BEACH AND DUNE CRITICAL AREAS WHEN AN EMERGENCY ORDER IS ISSUED BY APPOINTED OFFICIALS OF COUNTIES AND MUNICIPALITIES; TO AMEND SECTION 48-39-280, TO PROHIBIT THE SEAWARD MOVEMENT OF THE BASELINE AFTER JULY 1, 2015, AND TO ELIMINATE THE RIGHT OF LOCAL GOVERNMENTS AND LANDOWNERS TO PETITION THE ADMINISTRATIVE LAW COURT TO MOVE THE BASELINE SEAWARD UPON COMPLETION OF A BEACH RENOURISHMENT PROJECT; TO AMEND SECTION 48-39-290, TO NARROW THE EXCEPTION OF GOLF COURSES FROM A PERMIT REQUIREMENT TO REPAIR AND MAINTENANCE OF EXISTING GOLF COURSES, TO PROVIDE FOR AN EXEMPTION FOR SANDFENCING, REVEGITATION OF DUNES, MINOR BEACH RENOURISHMENT, AND DUNE CONSTRUCTION; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPROVE REPAIRS TO CERTAIN EROSION CONTROL DEVICES WHICH WOULD OTHERWISE BE PROHIBITED, TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH REPAIRS MAY BE MADE; TO AMEND SECTION 48-39-320 BY ADDING A SUBSECTION TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY APPROVE EROSION CONTROL DEVICES NOT PROVIDED FOR IN THIS CHAPTER IF THE BOARD DETERMINES THAT A DEVICE WILL BE SUCCESSFUL WITH REGARD TO EROSION CONTROL; AND TO REPEAL SECTION 48-39-290(D)(2).

S. 315 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO REPEAL SECTION 6 OF ACT 114, RELATED TO THE TERMINATION OF THE GOVERNOR'S AUTHORITY TO APPOINT THE SECRETARY OF TRANSPORTATION; AND TO EXTEND THE GOVERNOR'S AUTHORITY UNTIL FURTHER ACTION BY THE GENERAL ASSEMBLY TO THE CONTRARY.

On motion of Senator HUTTO, the Resolution was carried over.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on January 26, 2016, at 12:25 P.M. and the following Joint Resolution was ratified:

(R133, H. 4632 (Word version)) -- Rep. Allison: A JOINT RESOLUTION TO REVISE APPLICABILITY OF CERTAIN STUDENT ASSESSMENT STATUTES FOR THE 2015-2016 SCHOOL YEAR AND 2016-2017 SCHOOL YEAR, AND TO EXEMPT THE STATE DEPARTMENT OF EDUCATION FROM STATE PROCUREMENT LAW FOR CERTAIN ASSESSMENTS IN THE 2015-2016 SCHOOL YEAR.
L:\COUNCIL\ACTS\4632AB16.DOCX

Motion Adopted

On motion of Senator LEATHERMAN, the Senate agreed to stand adjourned.

MOTION ADOPTED

On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Anne-Marie Petersen of Rocklin, CA. Anne was the sister of our beloved Senator TOM DAVIS and was a wonderful woman who lived life to the fullest. She was a loving wife, devoted daughter and sister, and a doting mother who will be dearly missed.

and

MOTION ADOPTED

On motion of Senator NICHOLSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Wiley White of Greenwood, S.C. Mr. White was a World War II Veteran, a self employed brick mason and was employed with Robinson and Son Mortuary for over 50 years. He was a member of Morris Chapel Baptist Church. Mr. White was a loving husband, devoted father and doting grandfather who will be dearly missed.

ADJOURNMENT

At 12:28 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 2:00 P.M.

* * *

This web page was last updated on
Thursday, March 9, 2017 at 11:48 A.M.